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Final Tuolumne Fire District 2018 MSR

Local Agency Formation Commissions · tuolumne-msr-2018-final-tuolumne-fire-district-2018-msr · Msr · 2018-01-01

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EXHIBIT “A“ 2018 MUNICIPAL SERVICE REVIEW FOR THE TUOLUMNE FIRE DISTRICT Approved by Tuolumne County LAFCO On January 28, 2019 TABLE OF CONTENTS 1.0 INTRODUCTION 1.1 LAFCO’s Responsibilities, Spheres of Influence and Municipal Service Reviews 1.2 Sphere of Influence 1.3 LAFCO Policies and Procedures Related to Municipal Services 1.4 Description of Public Participation Process 1.5 California Environmental Quality Act (CEQA) 2.0 SERVICE AREA SETTING 2.1 Location 2.2 General Background 2.3 Review of Current Management Structure 3.0 EXISTING MUNICIPAL SERVICES AND PROVIDERS 3.1 Water Source 3.2 Water Storage 3.3 Water for Fire Flows 3.4 Fire Protection Services 4.0 ZONING AND LAND USE 5.0 MUNICIPAL SERVICE REVIEW 5.1 Infrastructure Needs and Deficiencies 5.1.1 Fire Protection Needs and Deficiencies 5.1.2 Written Determinations Regarding Infrastructure Needs and Deficiencies 5.2 Growth and Population 5.2.1 Growth and Population in TFD 5.2.2 Written Determinations on Growth and Population 5.3 Finance Constraints and Opportunities 5.3.1 Financial Constraints and Opportunities for the Tuolumne Fire District 5.3.2 Written Determinations on Financing Constraints and Opportunities 5.4 Cost Avoidance Opportunities 5.4.1 Cost of Operations for the Tuolumne Fire District 5.4.2 Written Determinations on Cost Avoidance Opportunities 5.5 Opportunities for Shared Facilities 5.5.1 Opportunities for the Tuolumne Fire District to Share Facilities 5.5.2 Written Determinations on Opportunities for Shared Facilities 5.6 Government Structure Options 5.6.1. Tuolumne Fire District Governmental Structure 5.6.2 Written Determinations on Government Structure Options 5.7 Management Efficiencies 5.7.1 Tuolumne Fire District Management 5.7.2 Written Determinations on Management Efficiencies 5.8 Local Accountability and Governance 5.8.1 Tuolumne Fire District Public Participation 5.8.2 Written Determinations on Local Accountability and Governance 5.9 Disadvantaged Unincorporated Communities 5.9.1 Disadvantaged Unincorporated Communities within the Tuolumne Fire District 5.9.2 Present and Planned Capacity of Public Facilities in Disadvantaged Unincorporated Communities 5.9.3 Written Determinations Regarding Disadvantaged Unincorporated Communities 6.0 REFERENCES - 1 - 2018 MUNICIPAL SERVICE REVIEW FOR THE TUOLUMNE FIRE DISTRICT 1.0 INTRODUCTION 1.1 LAFCO’s Responsibilities, Spheres of Influence and Municipal Service Reviews This Municipal Service Review (MSR) has been prepared for the Tuolumne County Local Agency Formation Commission (Tuolumne County LAFCO). Local Agency Formation Commissions are quasi-legislative local agencies created in 1963 to assist the State in encouraging the orderly development and formation of local agencies. A Local Agency Formation Commission is established in each County in the State. This MSR consists of a review of fire protection services as provided by the Tuolumne Fire District (TFD). The MSR will be considered by the LAFCO in the review of the Sphere of Influence of the TFD. The Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 (Government Code §56000 et seq.) is the statutory authority for the preparation of an MSR, and periodic updates of the Sphere of Influence of each local agency. A Sphere of Influence is a plan for the probable physical boundaries and service area of a local agency, as determined by the affected Local Agency Formation Commission (Government Code §56076). Government Code §56425(f) requires that each Sphere of Influence be updated not less than every five years, and §56430 provides that a Municipal Service Review shall be conducted in conjunction with the Sphere of Influence update. The statute and regulations call for a review of the municipal services provided in the county or other appropriate area designated by the LAFCO. The LAFCO is required, as part of the MSR, to prepare a written statement of findings of its determinations with respect to each of the following: 1. Infrastructure needs or deficiencies; 2. Growth and population projections for the affected area; 3. Financing constraints and opportunities; 4. Cost avoidance opportunities; 5. Opportunities for rate restructuring; 6. Opportunities for shared facilities; 7. Government structure options, including advantages and disadvantages of consolidation or reorganization of service providers; 8. Evaluation of management efficiencies; 9. Local accountability and governance; 10. The location and characteristics of any disadvantaged unincorporated community within or contiguous to the sphere of influence; and - 2 - 11. Present and planned capacity of public facilities, adequacy of public services, and infrastructure needs or deficiencies related to sewers, municipal water and fire protection in any disadvantaged unincorporated communities within or contiguous to the sphere of influence. The Municipal Service Review is to be considered by LAFCO in taking action on a Sphere of Influence. Given the close relationship between an MSR and Sphere of Influence creation, amendment or update, the Sphere of Influence is discussed in more detail below. 1.2 Sphere of Influence The Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 requires the LAFCO to update the Spheres of Influence for all applicable jurisdictions in the County every five years. Local governmental agencies, special districts and municipalities must have an adopted Sphere of Influence (SOI) boundary and territory that define the probable future boundary and service area of the agency. Inclusion of a particular area within an agency’s SOI does not necessarily mean that the area will eventually be annexed. The Sphere of Influence is only one of several factors LAFCO must consider in reviewing individual proposals, such as an application for an annexation to a district. (California Government Code § 56668). In determining the Sphere of Influence for each local agency, LAFCO must consider and prepare a written statement of determinations with respect to each of the following: 1. The present and planned land uses in the area, including agricultural and open space lands; 2. The present and probable need for public facilities and services in the area; 3. The present capacity of public facilities and adequacy of public services which the agency provides, or is authorized to provide; and 4. The existence of any social or economic communities of interest in the area if the Commission determines that they are relevant to the agency. 1.3 LAFCO Policies and Procedures Related to Municipal Services The Tuolumne County LAFCO adopted policies related to Municipal Services on November 26, 2001. 1.4 Description of Public Participation Process Tuolumne County LAFCO is a quasi-legislative body authorized by the California Legislature and delegated powers as stated in the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 (the Act). The LAFCO proceedings are subject to the provisions of California’s open meeting law, the Ralph M. Brown Act (Government Code Sections 54950 et seq.). The Brown Act requires advance posting of meeting agendas and contains various other provisions designed to ensure that the public has adequate access to information regarding the proceedings of public boards and commissions. Tuolumne County LAFCO complies with the requirements of the Brown Act. Each municipal service review will be prepared as a draft, and will be subject to public and agency comment prior to final consideration by the Tuolumne County LAFCO. The contents of this review - 3 - are based primarily upon the information provided in the “Request for Information for Municipal Service Reviews” completed for the Tuolumne Fire District by Chief Nick Ohler, the Community Resources Agency and the County Auditor-Controller. 1.5 California Environmental Quality Act (CEQA) The Municipal Service Review is a planning study that is statutorily exempt from environmental review pursuant to § 15262 of the State CEQA Guidelines. The Municipal Service Review will be considered by LAFCO in conjunction with proceedings regarding the TFD Sphere of Influence. The Sphere of Influence review or update is a project and as such, may be subject to CEQA. 2.0 SERVICE AREA SETTING 2.1 Location The TFD is located in and around the community of Tuolumne, approximately 8.0 miles southeast of Sonora at the end of Tuolumne Road in Tuolumne County, California. The District fire station is located on Assessor’s Parcel Number 9-132-06 with an area of 0.1± acre. The District station is located at 18690 Main Street approximately 40 feet south of the intersection of Main Street and Chestnut Avenue within the community of Tuolumne. The service area within the District’s existing boundaries (excluding rights-of-way and road area) is 1,264± acres with a potential service area of 4,901± acres. The District primarily covers the community of Tuolumne and provides fire protection and a variety of emergency services for 2.0± square miles of area. The service area is a mostly urban setting surrounded by rugged hills supporting a thick vegetation cover. The average elevation is 2,580 feet and the climate is the typical Mediterranean cycle of wet winters and dry summers. Average rainfall is 33 inches per year primarily falling between the months of October and April. The average monthly nighttime low and daytime high temperatures range from 59° F to 95° F in July and 33° F to 55° F in January. Light snowfall (2-6 inches/year) can be expected between December and April. 2.2 General Background The Tuolumne Fire District (TFD) was formed on February 14, 1903, by popular vote. It currently operates pursuant to § 13800-13960 of the Health and Safety Code as well as other State and Federal statutes. The TFD is governed by a five-member Board of Directors. This District is in the unincorporated area of Tuolumne County and has expanded its service area, as needed, since its inception. The TFD was created in response to numerous devastating fires in the early history of the Tuolumne community. The District was approved to provide: fire suppression and prevention, emergency medical response, search and rescue operations, and community services as necessary for public health and safety. The District maintains several Automatic and Mutual Aid Agreements with governmental agencies and local communities to provide and receive emergency assistance when needed. The District boundary and Sphere of Influence (SOI) boundary have been modified as service demand has changed with an annexation occurring in 2005, with the addition of the Westside/Cherry Valley Subdivision to the District. The District boundary was adjusted again in 2015 to add APN’s 9-200-01 through 9-200-06, and the western portions of APN’s 9-200-08 through 9-200-16, which had been a “hole” in the District as identified by the 2013 Municipal Service Review. The “hole” had been created by past Tax Rate Area boundary changes. These parcels are located on Willow Avenue and Oak Street, at the south end of Cherry Loop road, in Tuolumne. - 4 - TFD provides service within the District as needed. The TFD operates three fire engines and crew out of the firehouse located at 18690 Main Street in Tuolumne. The District estimates that it serves a customer base of over 8,000 people taking into account the visitors traveling to the Black Oak Casino Resort and the new Westside Event Pavilion run by the Tuolumne Band of Me-Wuk Indians. Except for the Tribe’s major commercial ventures, which are discussed later, the majority of customers within the TFD are single family residences. 2.3 Review of Current Management Structure The TFD is governed by a five member Board of Directors and staffed by two (2) full-time employees and eighteen (18) part-time employees. At the top of the Tuolumne Fire District Organizational Chart are the five (5) members of the elected Board of Directors. Directly below the Board is Chief Nick Ohler who is responsible for overseeing the day to day operations of the TFD. Marcie Wells is the TFD Office Manager. Chief Nick Ohler oversees training of the volunteer employees, including the training of all firefighters in the engineering principles of fire suppression and basic life support EMS (emergency medical services). All employees of the TFD hold the necessary licenses to provide services outlined under Government Code Section 61100 (d) and (n). 3.0 EXISTING MUNICIPAL SERVICES AND PROVIDERS Pursuant to § 13862 of the Health and Safety Code and Government Code § 56425 and 61100 (d) and (n), the TFD provides the following services to the area of Tuolumne: 1. Fire protection services; 2. Rescue services; 3. Emergency medical services except ambulance; 4. Hazardous material emergency response services; and 5. Any other services relating to the protection of lives and property. No other services may be provided by the TFD without first securing approval by the LAFCO. Other service providers/districts encompassing the Tuolumne City area include: County of Tuolumne County-wide County Service Area No. 21 (ambulance) Tuolumne Utilities District (water) Tuolumne County Resource Conservation District Tuolumne Sanitary District (sewer) Carters Cemetery District Tuolumne Park and Recreation District Tuolumne Lighting District The TFD has a significant degree of interdependence with the surrounding area due to the services provided and the automatic and mutual aid provided to all other fire protection agencies in the County through the “County of Tuolumne Fire Agencies Master Mutual Aid Agreement”. This is a mutual cooperation agreement to increase fire protection resources and other emergency operations to assure adequate protection to the County. This agreement is deferential to State and Federal agencies under emergency conditions. Under this agreement the TFD assumes all costs for its own personnel and equipment during emergency situations. The agreement has no termination date; however, TFD may terminate it at any time with a 30-day written notice to all parties involved. Government agencies included in this agreement are: Tuolumne County Fire - 5 - Department, Twain Harte Community Services District (THCSD), Sonora City Fire Department, Tuolumne County Office of Emergency Services (OES), Jamestown Fire Protection District (JFPD), Mi-Wuk/Sugar Pine Fire Protection District (MFPD), Strawberry Fire Protection District (SFPD), Columbia Fire Protection District (CFPD), and the California Department of Corrections and Rehabilitation (Sierra Conservation Center). The Tuolumne Band of Me-Wuk Indians now has a fire station near the Black Oak Casino and are willing to provide aid as requested during an emergency; however, there is no formal Mutual Aid Agreement. Cal Fire serves the majority of government owned properties within the County, such as those within the Stanislaus National Forest and Bureau of Land Management. The Automatic-Aid Agreements currently in place with the County of Tuolumne and Sonora City Fire Department are operated in much the same way except aid is provided anytime emergency response is required, regardless of notification. As a result, these agreements take precedence over the mutual-aid agreements enacted with the aforementioned agencies. 3.1 Water Source The TFD and the Tuolumne community receive water for municipal purposes from the Tuolumne Utilities District’s (TUD) system. The water originates in the Sierra Nevada Mountains as snowmelt and rain and is stored in Lyons Reservoir. From Lyons, it flows down the Tuolumne Main Canal approximately 2 miles until it is diverted into the Section 4 TUD ditch and from there water flows 8± miles south along the Eureka Ditch to Tuolumne. Raw water is pulled from the ditch and utilized by individual landowners or processed by TUD into potable water. Most of the District area is serviced by fire hydrants with water from the TUD system. 3.2 Water Storage The typical dry weather during June, July, and August makes water storage a critical component to the fire protection services provided by the TFD. Water for the TFD is provided by the Tuolumne Utilities District (TUD) from a mixture of approved County standard hydrants and non-standard water outlets typically from a past generation. TUD operates two water storage areas within the Tuolumne community on Assessor’s Parcel Numbers 9-150-04 and 9-150-05 located at 18685 Cedar Street. Approximately one million gallons of treated water and 3.9± million gallons of raw water are available for use during emergencies. Consideration should be given to providing extra water storage facilities in order to maintain fire suppression services and protect lives and property during times of emergency. The District should also continue to support efforts to standardize fire hydrants throughout its service area and the County. 3.3 Water for Fire Flows The water system in TFD’s boundary provides fire flows ranging from 500± gallons per minute to 2,000± gallons per minute depending on the hydrant type. There are approximately 50 fire hydrants in the TFD. Water is provided primarily through the TUD water system with new development requiring fire flows pursuant to the 2015 California Fire Code. The Tuolumne County Fire Department oversees the implementation of fire safety codes and fire flow requirements for new development. 3.4 Fire Protection Services The TFD is authorized by LAFCO to provide fire protection services, rescue services, hazardous material emergency response services, and emergency medical services pursuant to § 61100 and 56425 of the Government Code. The TFD has two agreements which govern its cooperation with other County fire agencies: an Automatic Aid Agreement and a Mutual Aid Agreement. The Automatic Aid Agreement made between TFD, the Twain Harte Community Services District, Sonora City Fire Department, the Tuolumne County Fire Department and other special fire districts - 6 - provides for immediate fire suppression and emergency response from involved agencies. Emergencies are responded to by all agencies within a reasonable distance to avoid jurisdictional delay of service. The Automatic Aid/Mutual Aid Agreement includes the following fire agencies: Tuolumne County Fire Department, Twain Harte Community Services District (THCSD), Sonora City Fire Department, Tuolumne County Office of Emergency Services (OES), Jamestown Fire Protection District (JFPD), Mi-Wuk/Sugar Pine Fire Protection District (MFPD), Strawberry Fire Protection District (SFPD), Columbia Fire Protection District (CFPD), and the California Department of Corrections and Rehabilitation (Sierra Conservation Center). This Mutual Aid Agreement requires the TFD to provide, at its own expense, any equipment or personnel necessary to control an emergency situation. During emergency incidents, TFD personnel are under the direct supervision of the Company Officer for the District. The Company Officer is responsible to the Incident Commander who determines the coordinated response of all responding agencies. As a result, though involved personnel may shift, overall numbers will remain the same according to the Incident Commander request. Since District personnel are paid a variable amount based upon experience, it is difficult to estimate the cost of potential incidents since severity can have a dramatic effect upon the type and quality of personnel required. The Tuolumne County Fire Department oversees fire prevention services for the County in the form of building requirements and Fire Code enforcement. Andy Murphy is the Tuolumne County Assistant Fire Warden and oversees emergency fire protection services for the County. The TFD currently provides service according to the standards set forth by the National Fire Protection Association (NFPA) requiring a fire suppression organization within five miles of a residential area. The TFD currently provides service to a five mile area around Tuolumne City and areas around the Wards Ferry Road Bridge and Duckwall Mountain in the eastern county. The Duckwall Mountain and eastern areas of the County are significantly outside the SOI for TFD, but TFD is the nearest year-round organized fire protection agency so it will continue to respond following the NFPA standard of “Closest available resource regardless of jurisdiction.” The map of the five mile radius area is shown on the attached Map B. 4.0 ZONING AND LAND USE The area within the current district boundary for the TFD is zoned R-1 (Single-family Residential), R-2 (Medium Density Residential), R-3 (Multiple-Family Residential), RE-1 (Residential Estate, One-Acre Minimum), RE-2 (Residential Estate, Two-Acre Minimum), RE-3 (Residential Estate, Three-Acre Minimum), RE-5 (Residential Estate Five-Acre Minimum), C-O (Neighborhood Commercial), C-1 (General Commercial), C-K (Commercial Recreation), MU (Mixed Use), A-10 (General Agriculture), AE-37 (Exclusive Agricultural, Thirty-Seven Acre Minimum), P (Public), O (Open Space), and O-1 (Open Space-1). The area has the Low Density Residential (LDR), High Density Residential (HDR), Estate Residential (ER), Open Space (O), Mixed Use (MU), Neighborhood Commercial (NC), General Commercial (GC), Parks and Recreation (R/P), Public (P), Rural Residential (RR), Large Lot Residential (LR), and Agricultural (AG) General Plan Land Use designations pursuant to the Tuolumne County General Plan. The TFD contains a combination of residential, commercial and recreational land uses and densities. - 7 - 5.0 MUNICIPAL SERVICE REVIEW The Cortese-Knox-Hertzberg Act identifies eleven factors, listed in Section 1.1 above, to be addressed when preparing a Municipal Service Review. For each factor, information is gathered and analyzed, with written determinations prepared for LAFCO’s consideration. This Service Review will be used as an information base to update the TFD’s Sphere of Influence, including any annexation considerations, and provides a basis for the public, County and LAFCO to discuss changes to the Sphere of Influence. 5.1 Infrastructure Needs and Deficiencies Purpose: To evaluate the infrastructure needs and deficiencies in terms of supply, capacity, condition of facilities and service quality. The current firehouse was built in 1949 with remodeling done in 1990 to expand services. The building is in excellent physical repair and should continue to be maintained to reflect its historic character. All fire equipment is maintained to NFPA standards and is adequate to provide the current service demands. 5.1.1 Fire Protection Needs and Deficiencies The TFD provides service within its existing SOI but struggles with many of the same inherent difficulties faced by other rural fire districts in the County. Without the yearly contribution of the Black Oak Casino Resort to the TFD budget, the District could not afford to retain qualified staff and respond in a timely fashion to emergency situations. New full-time firefighter recruits are required to be 18 years old, Emergency Medical Technician (EMT) and Firefighter I certified, registered with the National Registry, and pass a drug test to be employed by the TFD. Volunteer recruits are required to be 18 years old, Hazardous Materials (HazMat) certified, possess a valid California driver’s license, and complete a firefighter academy for volunteer firefighters. Some of the most difficult obstacles faced by the TFD will be the on-going growth in the area as well as rising costs. Services at the Black Oak Casino Resort will continue to expand, along with the buildout of the West Side Cherry Valley Subdivision and golf course construction projects. The Casino operates a 148 room hotel with conference center, a gas station with mini-mart, and an RV Park. The Casino currently added the West Side Entertainment Pavilion which can accommodate up to 6,000 guests for concerts and other venues. Revitalization efforts in the Tuolumne City area will continue in conjunction with these development projects and fire services will be a necessary element for these undertakings. The Tribe operates their own Fire Station and can assist the Tuolumne Fire District in the event of an emergency; however, there is no Mutual Aid Agreement. The TFD is staffed by two (2) full-time employee and eighteen (18) part time employees. Many employees of the TFD share responsibilities with other fire districts in the area and resources are often stretched during large fire events. The firehouse in Tuolumne operates three fire engines, two utility pickup trucks and one old parade engine. Work shifts are on a 24-hour basis with a 56 hour work week. Shift rotations are at 8:00 a.m. The firehouse is always staffed, but the maximum number of hours that any one individual may work is two 24-hour shifts back-to-back before taking time off or receiving compensation through overtime pay. The TFD has traditionally operated on a volunteer basis with a limited number of highly trained personnel and a larger number of community volunteers. Recent years have seen the pool of qualified community volunteers dwindle as training requirements have increased and competitive pay rates have fallen. One of the possible problems is the extensive training and certificates needed to maintain their qualifications. The current levels of staffing and response service within the TFD are adequate to meet demand levels. - 8 - The TFD currently provides fire protection services and emergency response to a population of approximately 5,406 in their Sphere of Influence, depending on the schedule of public events in the area and the volume of customers at the Black Oak Casino Resort. The District strives to maintain a response time of five (5) minutes inside the District and fifteen (15) minutes outside the District. The Plan to Provide Service is according to NFPA standards similar to most other fire districts. These standards call for a fire suppression station at a distance of no more than five (5) miles from major residential areas. The TFD follows the procedures adopted by the Tuolumne County Fire Chiefs Association requiring an emergency response from the, “closest resources regardless of jurisdiction.” The TFD provides mutual aid to other fire protection agencies in the County and has automatic aid agreements with three (3) other fire agencies. The TFD maintains an Insurance Services Office (ISO) rating of 4. 5.1.2 Written Determinations Regarding Infrastructure Needs and Deficiencies: 1. The TFD provides adequate fire protection and emergency response service to the residents of the Tuolumne community and is capable of providing automatic aid to Twain Harte Community Services District, Tuolumne County Fire Department, and Sonora City Fire Department. 2. The Tuolumne Fire District is staffed with two (2) full time and eighteen (18) part-time personnel. The District needs to ensure qualified staff are maintained. A long term staffing plan should be developed. 3. The TFD operates three engines, and two utility pickup trucks out of a single station which is approximately 63 years old but is in good condition. In the future, replacement of equipment may be necessary as equipment ages. A long term fiscal plan should be developed for the replacement of vehicles and equipment. 5.2 Growth and Population Purpose: To evaluate service needs based upon existing and anticipated growth patterns and population projections. 5.2.1 Growth and Population in the Tuolumne community The Tuolumne area should expect continued growth and increased need for fire protection services as more houses are built within wildland fire areas and visitor attractions are constructed around the Black Oak Casino and Resort. The area within the TFD Sphere of Influence supports a wide variety of land uses and there are multiple areas available for large scale development. Land within the TFD can be divided or discretionary permits issued for residential, commercial, and recreational development. Growth around the Black Oak Casino and Resort will have the largest impact on the TFD. The Casino, which is owned and operated by the Tuolumne Band of Me-Wuk Indians (the Tribe), operates a 148 room hotel with conference center, a gas station with mini-mart, and an RV Park. The Casino currently added the West Side Cherry Valley Entertainment Pavilion which can accommodate up to 6,000 guests for concerts and other venues. They also plan to develop an 18- hole golf course at the West Side subdivision. The Tribe continues to expand services and guest volumes at its facilities and may have continued growth in the future. The Tribe currently provides its own fire protection services through their fire department. The Tuolumne Fire District should be prepared for a wide variety of emergency services and situations. The TFD currently has no plans to modify the existing fire protection infrastructure or emergency response services. - 9 - Adopted in April 2007, the Tuolumne Community Plan (TCP) addresses the growth expectations for the Tuolumne City area over the next 25 years. It was funded through State Community Development Block Grant #04-PTAA-0337 and addresses the unique needs of the Community of Tuolumne. The TCP establishes Urban Development Boundaries encompassing the planned growth areas around the Tuolumne community and provides guidelines to implementing growth strategies within this area. The majority of this boundary resides within the current SOI for TFD. Growth guidelines include maintenance of community identity as reflected in its historic and scenic resources, modifying development standards to reflect historic building standards, improving alleyways for safety and pedestrian use, rehabilitating historic and public structures, increasing the safety of crosswalks, and cooperative fuel management programs. Goal 17.F of the TCP calls for integration of community design with agricultural, biological, energy, and scenic resources in a manner that maintains and enhances community character and safety. Policy 17.F.9 encourages new development to recognize the necessity to manage fire fuels while preserving wildlife habitat values and Policy 17.A.6 calls for orderly growth synchronized with infrastructure expansion consistent with community character. All of these policies and guidelines are consistent with the expressed goals of the TFD. According to the Tuolumne County Assessor’s records, within the Sphere of Influence (SOI) boundaries for the TFD, there are 1881± total parcels, of which 1,744± are privately owned. Within the TFD District boundaries there are 953± total parcels, of which 877± are privately owned. The growth potential for the TFD includes private residential and commercial development. The 2010 United States Census indicates that there were 1,899 residents living in the Tuolumne community in April of 2010. An estimation of 2010 U.S. Census tracks indicates that approximately 5,406 residents are within the SOI of the TFD. The majority of individuals who reside in the Tuolumne community area are year round residents. The TFD currently responds to properties outside of their current Sphere of Influence. The TFD is considering initiating the expansion of their Sphere of Influence to show all areas that they are currently responding to, including the Curtis Creek Ranch Subdivision, Woodham Carne Road, and south along Apple Colony Road. An application would be require to be submitted to LAFCO for the future expansion of the District and/or Sphere of Influence. A complete fiscal analysis and Plan to Provide Services would need to be submitted prior to any expansion. No application has been received at this time. 5.2.2 Written Determinations on Growth and Population 1. In the Tuolumne Fire District, parcels can be divided or discretionary permits issued, to allow additional development. 2. There is no definite plan to modify the fire protection infrastructure at this time. 3. There is no definite plan to modify the emergency response service at this time. 4. The TFD is considering expanding its District boundary and Sphere of Influence in the future, to cover all areas that they are currently responding to including the Curtis Creek Ranch Subdivision, Woodham Carne Road, and south along Apple Colony Road, however, there is no current plan to expand their District or Sphere of Influence at this time. - 10 - 5.3 Finance Constraints and Opportunities Purpose: To evaluate factors that affect the financing of needed improvements. 5.3.1 Financial Constraints and Opportunities for Tuolumne Fire District The TFD and Sphere of Influence boundaries for this district are not the same. The TFD is surrounded by parcels zoned for all land uses. The Sphere of Influence (SOI) boundaries extend beyond the TFD District boundary. The District has a long-term goal to expand its SOI south to the Tuolumne River, including Apple Colony Road and westward. The TFD is funded through property taxes as well as the Memorandum of Understanding (MOU) originally made between the District and the Tuolumne Band of Me-Wuk Indians to provide fire service to the Black Oak Casino Resort area. This MOU money is used almost exclusively to pay salaries and benefits for the qualified firefighters employed by the District. Without this yearly contribution by the Tribe, the TFD would not be able to provide adequate fire suppression and emergency response services for the community. The MOU is for perpetuity with the MOU ceasing only if casino operations are terminated. The other primary revenue source for the TFD is property taxes, which is received through a tax transfer agreement between the Tuolumne County Fire Department and the TFD. The TFD prepares an operating budget annually. The TFD follows the Governmental Accounting Standings Board (GASB) 34 accounting standards. According to the Tuolumne County Auditor’s Office, the District is anticipating to receive a total tax revenue of $52,849 for its 2017/2018 Fiscal Year Budget. The District was under budget; however, the MOU with the Tribe will contribute $400,000.00 of the TFD’s total annual revenue in Fiscal year 2017/2018. Expenditures for the District have increased in past years primarily due to increasing costs of insurance. On June 27, 2005 the annexation of the West Side/Cherry Valley parcels totaling 203.5± acres was approved by the LAFCO through Resolution No. 213. Included in this annexation were property tax revenues equal to that required for fire suppression and emergency services. The District boundary was adjusted again in 2015 to add APN’s 9-200-01 through 9-200-06, and the western portions of APN’s 9-200-08 through 9-200-16, which had been a “hole” in the District as identified by the 2013 Municipal Service Review. The “hole” had been created by past Tax Rate Area boundary changes. These parcels are located on Willow Avenue and Oak Street, at the south end of Cherry Loop road, in Tuolumne. This small annexation added a minimal amount of increased tax revenues to the District. The TFD currently has adequate revenue to provide the services authorized by the LAFCO. The TFD has never defaulted on repayment of any bonds or other debt. 5.3.2 Written Determinations on Financing Constraints and Opportunities 1. The TFD should plan future improvements to its facilities and equipment to accommodate any future development as allowed by the General Plan Land Use designations and zoning within the TFD, and to accommodate new expanded facilities provided by the Tuolumne Band of Me-Wuk Indians. 2. The TFD prepares a budget annually in concurrence with the County Auditor’s Office 3. The TFD follows the Governmental Accounting Standings Board (GASB) 34 accounting standards. - 11 - 4. The funding sources for the TFD are County Property Tax Assessments and an MOU between the TFD and the Tuolumne Band of Me-Wuk Indians. 5. The TFD is currently considering expanding its District and SOI boundaries to increase revenue for the District. 6. The TPD should prepare a long term Fiscal Plan to maintain its District, prior to any boundary adjustments in the future. 5.4 Cost Avoidance Opportunities Purpose: To identify practices or opportunities that may help eliminate unnecessary costs. 5.4.1 Cost of Operations for Tuolumne Fire District The TFD employs various cost-avoidance practices in its daily operations. The TFD has taken numerous actions in the last five years to save money and lower expenses. The actions include routine safety training for employees, completion of an employee benefit analysis, continuing education opportunities for employees, and community information programs regarding fire fuel management. The District employs a minimum of highly qualified staff to save on operating costs. TFD Board members receive a stipend for meetings that is set once a year by the Board as the Budget allows. Annual financial reports are prepared to track revenue and expenses. The TFD has been active in pursuing grant and foundation funding opportunities which reduces the cost to taxpayers for equipment purchases. The TFD is staffed by two (2) full-time employee and eighteen (18) part-time employees. The District tracks service needs through call response numbers, response time to emergencies, and consultation with other fire districts. According to reports provided by the District, the total number of incidents responded to by TFD personnel for the fiscal year 2016-2017 was 428 calls. Most of the response services were medical in nature. The TFD plans on continuing to improve its station efficiency for better response to emergency situations. According to planned land uses in the TFD’s service area and Sphere of Influence area, fire suppression and emergency response requests will likely increase in the future. 5.4.2 Written Determinations on Cost Avoidance Opportunities 1. The TFD takes advantage of cost avoidance opportunities, including a budget process designed to eliminate unnecessary costs, utilizing in-house resources to complete a variety of administrative functions and emergency support services, and applications for grant funding. 2. The TFD employs two (2) full-time and eighteen (18) part-time employees. 5.5 Opportunities for Shared Facilities Purpose: To evaluate the opportunities for a jurisdiction to share facilities and resources to develop more efficient service delivery systems. - 12 - 5.5.1 Opportunities for Tuolumne Fire District to Share Facilities The TFD has multiple agreements for both fire response and emergency services. The 2016 “County of Tuolumne Fire Agencies Master Automatic Aid/ Mutual Aid Agreement” was created to assist in fire suppression efforts. Mutual Fire Aid is typically provided to other fire protection agencies in the County upon request. Automatic Aid is provided to the County of Tuolumne, Twain Harte Community Services District, Groveland Community Services District, the Sonora City Fire Department, the five Fire Protection Districts and the Sierra Conservation Center. These agreements require the individual fire districts to pay their own expenses during emergency response situations. The TFD does not share infrastructure, equipment, or facilities currently, nor is it necessary at this time. District personnel often work for other Districts on a part-time basis. These special fire districts could be merged in the future with the Tuolumne County Fire Department and zones of benefit could be created to provide fire suppression and emergency services. The same employees would be providing the same services; however, the Board of Supervisors would be the governing body rather than the district Board of Directors. The merged fire districts could be operated through the formation of a Joint Powers Agreement (JPA). The TFD was formed in 1903 by popular vote. The TFD has a written MOU with the Tuolumne Band of Me-Wuk Indians for the Tribe to pay impact mitigation fees to the TFD for the operation of the Black Oak Casino Resort, and other planned Tribal developments. The Band of Me-Wuk Indians have their own fire station on their property and can request the TFD to provide aid as needed during an emergency. The TFD is considering expanding their SOI in the future west to include the Curtis Creek Ranch Subdivision, Woodham Carne, and south to the borders of the Tuolumne River and North Fork of the Tuolumne River, including areas along Apple Colony Road. The TFD currently provides routine response service to the areas under consideration for future annexation. The TFD overlaps the boundaries of the Carters Cemetery District, Tuolumne Lighting District, Tuolumne County Resource Conservation District, County-wide Ambulance District No. 21, Tuolumne Park and Recreation District, Tuolumne Sanitary District, and the Tuolumne Utilities District. Implementation Program 17.G.a of the Tuolumne Community Plan (TCP) recommends evaluation and organization of a Community Services District (CSD) encompassing the Tuolumne Planning Area. As part of this evaluation, the TCP recommends that this CSD “administer property tax revenue for acquisition, construction, repair, and maintenance of public buildings, pedestrian walkways, bicycle paths, trails, street lights, park and recreational facilities, public parking, sewer facilities, and potentially public safety and other community facilities.” The TFD provides the required public safety and emergency services in the Tuolumne area and should be considered for inclusion into any CSD which is formed in the Tuolumne community. 5.5.2 Written Determination on Opportunities for Shared Facilities 1. The TFD currently does not need to share any additional facilities with other agencies. 2. The TFD has been able to meet current demand for service adequately. 3. The TFD could potentially reduce costs through the formation of a Community Services District (CSD), combining other districts within the Tuolumne area, and thus share administration costs. A full fiscal analysis and Plan to Provide Services would need to be completed prior to the formation of a CSD. 4. All the special fire district could be merged in the future with the Tuolumne County Fire - 13 - Department and zones of benefit could be created to provide fire suppression and emergency services. The same employees would be providing the same services; however, the Board of Supervisors would be the governing body rather than the district Board of Directors. The merged fire districts could be operated through the formation of a JPA 5.6 Government Structure Options Purpose: To consider the advantages and disadvantages of various government structures that could provide public services. 5.6.1. Tuolumne Fire District Governmental Structure One of the most critical elements of LAFCO’s responsibilities is in setting logical service boundaries for communities based on their capability to provide services to affected lands. There are not many government structure options available in the Tuolumne area. The community is unincorporated with the planning jurisdiction in the hands of Tuolumne County. The TFD does provide fire protection and emergency response services in the Tuolumne area. Since the Tuolumne community is not an incorporated city, public service districts such as the TFD appear to be an excellent way to keep public participation high and at the same time provide adequate and consistent service levels. The formation of a Community Services District in the Tuolumne area could include the Tuolumne Fire District, Tuolumne Sanitary District, Tuolumne Parks and Recreation District, Carters Cemetery District and the Tuolumne Lighting District. The formation of a Community Services District could reduce the costs involved in the operation of these individual districts. It is LAFCO’s staff understanding that the talks to form a Community Services District continue currently. No application for a Community Services District has been submitted. Any further consideration will need LAFCO approval. The TFD provides fire suppression and emergency response services to the Tuolumne area in conjunction with Tuolumne County Fire Department, Sonora City Fire Department, and Twain Harte Community Services District in keeping with the fire protection creed of “closest resources regardless of jurisdiction.” All fire agencies in the County may request assistance under the “County of Tuolumne Fire Agencies Master Mutual Aid Agreement.” The current organization of the districts in the Tuolumne area provides adequate service to the population. Tuolumne County is in the process of preparing a 2018 First Responder and EMS Study. The outcome of this Study and the draft findings of the Study may be modified following review by the affected Fire Districts. Specific information for the Study in process was not available at the time of preparation of this Municipal Service Review. 5.6.2 Written Determinations on Government Structure Options 1. There are few government structure options currently available to the Tuolumne community and the TFD. 2. Changing the governmental structure in the TFD is not necessary at this time. 3. The current organization of the districts in the Tuolumne area provides adequate service to the population. 4. The TFD could reduce administration costs by the formation of a Community Services District combining other districts in the Tuolumne area. - 14 - 5.7 Management Efficiencies Purpose: To evaluate the management capabilities of the organization. 5.7.1 Tuolumne Fire District Management In evaluating the TFD’s capability to serve the existing district and Sphere of Influence area, LAFCO can examine the TFD’s ability to maintain management and budget efficiencies over the existing lands. The TFD maintains customer-oriented programs by providing public notice of events and information in the local newspaper, online, and, when necessary, by radio broadcast. The District plays a vital role in the local community by providing a civic outlet for involved residents and educational opportunities for the public. Upon request, the TFD will conduct informational tours of firefighting facilities, civic presentations at community events, and school programs for children. The TFD participates annually in the Memorial Day parade, Lumber Jubilee parade and Christmas parade. The TFD strives for maximum budget efficiency through the budget preparation process and maintains a balanced budget. Capital improvements are planned during the budget process. The TFD has a comprehensive safety program and provides between 48 and 240 hours of annual training per employee. However, the premiums for liability insurance have still increased annually. Representatives from the Insurance Services Office evaluate the TFD every nine years. A fiscal plan needs to be prepared for the long term staffing and purchase of equipment. The TFD Board of Directors holds monthly meetings on the second Monday of every month at the Tuolumne City Firehouse at 7:00 p.m. The planned agenda is posted at least 72 hours in advance at two locations in the Tuolumne community. Minutes of meetings are available upon request and the public is encouraged to attend and participate at these monthly meetings. 5.7.2 Written Determinations on Management Efficiencies 1. The TFD maintains customer-oriented programs, including public notice of events, informational community and school programs, and monthly meetings. 2. It is not necessary for the TFD to develop additional public education programs at this time. 3. It is reasonable to conclude that the TFD management is efficient. A complete fiscal analysis and a Plan to Provide Services needs to be prepared for long term staffing and purchase of equipment. 5.8 Local Accountability and Governance Purpose: To evaluate the accessibility and levels of public participation associated with the agency’s decision-making and management processes. 5.8.1 Tuolumne Fire District Public Participation LAFCO may consider the agency’s record of local accountability in its management of community affairs. The TFD’s outreach program includes public notice postings in the local paper and around town, - 15 - emails, and face-to-face encounters during daily activities. The TFD encourages public participation through notification of events, tours of facilities, and educational programs. The TFD firehouse is always staffed with employees ready to assist the public. Public board meetings are held monthly and the public is encouraged to attend and provide input. The TFD has traditionally had low levels of public participation and this is expected to continue despite the high fire danger for the area as well as an increasing need for emergency services as development continues. The TFD does not currently use customer surveys and could consider using them to better solicit customer feedback from individuals who may not be inclined or able to attend public meetings. The TFD accepts feedback by written letter, face-to-face conversation, e-mail, or by telephone. 5.8.2 Written Determinations on Local Accountability and Governance 1. The TFD’s outreach program includes public notice postings in the local paper and around town, emails, tours of facilities, educational programs, and face-to-face encounters during daily activities. 2. The TFD Board of Directors conducts business during regularly scheduled monthly meetings that are open to the public and noticed consistent with the requirements of the Brown Act. 5.9 Disadvantaged Unincorporated Communities (DUC) Section 56430(a)(2) of the Government Code requires that LAFCO include in a Municipal Service Review, a description of the location and characteristics of any Disadvantaged Unincorporated Communities within or contiguous to the Sphere of Influence. Section 56425(e)(2) further requires LAFCO to adopt additional determinations for an update of a Sphere of Influence of a Special District that provides public facilities and services related to sewer, water and fire protection. For an update of a Sphere of Influence of a special district that provides public facilities or services related to sewers, municipal or industrial water, or structural fire protection, the present and probable need for these public facilities or services of any Disadvantaged Unincorporated Communities within the Sphere of Influence must be considered. A written statement of LAFCO’s determination must be adopted. Section 65302.10(a) defines a Disadvantaged Unincorporated Community as a fringe, island or legacy community in which the median household income is 80% or less of the Statewide median household income. An unincorporated legacy community is a geographically isolated community that is inhabited and has existed for at least 50 years. 5.9.1 Disadvantaged Unincorporated Communities within the TFD The Tuolumne Community is a legacy community because it is inhabited and is over 50 years in age. The 2016-2017 Census data indicates that Tuolumne City is a Census designated place and has a median household income of $50,731 per year. The Census further indicates that the median household income for the State of California is $63,783 per year. 80% of the Statewide income is $51,024.80 per year. Since the median household income of the Tuolumne Community is less than 80% of the Statewide median household income, Tuolumne is considered to be a Disadvantaged Unincorporated Community. 5.9.2 Present and Planned Capacity of Public Facilities in Disadvantaged Unincorporated Communities Section 56425(e)(2) requires LAFCO to adopt additional determinations for an update of a Sphere of Influence of a Special District that provides public facilities and services related to sewer, water and fire protection. The Tuolumne Fire District does not provide sewer or water but it does provide - 16 - structural fire protection and emergency services to the Disadvantaged Unincorporated Community of Tuolumne. These fire protection services are provided to the community at very low cost to property owners, residents and visitors of the Tuolumne area. If the District is expanded, these services could be provided to other households within the Disadvantaged Unincorporated Community. However, these services are presently provided to the surrounding areas by the Tuolumne County Fire Department. If a Community Services District were formed, it is possible these services could be provided to the Tuolumne area at a reduced overall cost. A complete fiscal analysis and a Plan to Provide Services would need to be completed prior to any future expansion of the Tuolumne Fire District. 5.9.3 Written Determinations Regarding Disadvantaged Unincorporated Communities: 1. The community of Tuolumne has been identified as a Disadvantaged Unincorporated Community. 2. The Tuolumne Fire District does not provide sewers, municipal or industrial water, however, it does provide structural fire protection services within its District. 3. The Tuolumne Fire District is currently providing structural fire protection services at low cost to property owners, residents and visitors within its District. 6.0 REFERENCES Tuolumne County, Tuolumne County General Plan, December 26, 1996 Tuolumne County, County of Tuolumne, Housing Element, June 2016 Tuolumne County, Tuolumne County Uniform Zoning Ordinance Tuolumne Fire District, Financial Statement for the year ending 2015/2016 and 2016/2017 Tuolumne Community Plan, Chapter 17 in the Tuolumne General Plan. April 2007 California Health and Safety Code Sections 13800-13960 Tuolumne Utilities District Urban Water Management Plan, 2016 Update California Government Code Sections 61100-61107 United States 2010 Census Data Local agency Formation Commission: 1980 “Sphere of Influence for Tuolumne County” 1985 “Updated Sphere of Influence for Tuolumne County” 2013 Municipal Service Review for the Tuolumne Fire District. 2018 Request for Information for Municipal Service Reviews, completed by Chief Nick Ohler County of Tuolumne Community Resources Agency, Geographic Information System Fire Prevention Division Community Resources Agency, Roads Division Auditor-Controller Elections Office S:\Commissions\LAFCO\2018 Municipal Service Reviews\Tuolumne Fire District\Tuolumne Fire District 2018 MSR.doc - 17 - Map “B” Tuolumne Five Mile Response Area - 18 - Tuolumne Fire District Firehouse - 19 -